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OLNS#7 – Flip it Right: Two-Tier U.S. Holding Structures for German Start-ups

Mit unseren auf Technologietransaktionen spezialisierten Teams in allen wichtigen globalen Märkten begleiten wir zahlreiche deutsche TechUnternehmen auf ihrem Wachstumspfad. Als eine der führenden Tech-Kanzleien weltweit fühlen wir uns darüber hinaus verpflichtet, die Gründerszenen in den USA und Deutschland noch stärker zu vernetzen. Please see full Publication below for more information....By: Orrick, Herrington & Sutcliffe LLP
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Visa Abandons $5.3B Acquisition Of Fintech Company Plaid After DOJ’s Challenge - Upstart Competitors Should Be Aware Of “Killer Acquisitions”

Visa abandoned its $5.3 billion acquisition of Plaid Inc., a fintech company known for its data aggregation technology, but which was developing a potential rival to Visa’s online debit services. The parties abandoned the transaction, which was announced in January 2020, in the midst of a challenge to the deal by the U.S. Department of Justice Antitrust Division (“DOJ”), which sued to block the transaction in early November 2020 based on the theory of nascent competition....By: Goodwin
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Goodwin | Jan 16,2021 |

Doing business in the United States

The U.S. is one of the easiest jurisdictions in the world in which to do business1 . 1 Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more employer-friendly than in most other developed economies, and the legal system is well-developed and transparent. However, there are certain barriers to entry and challenges to doing business that should be taken into account before investing or establishing operations in....
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Hogan Lovells | Jan 16,2021 |

Trends and Key Issues in Fintech M&A

In a webinar held on 10 December 2020, Skadden partners Sonia Nijjar, Simon Toms and Ingrid Vandenborre were joined by Charles River Associates (CRA) Senior Adviser and Deputy Chair of the Bank of England’s Enforcement Decision Making Committee Philip Marsden and CRA Vice President Oliver Latham to discuss fintech M&A trends and developments, including......By: Skadden, Arps, Slate, Meagher & Flom LLP
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New Guidance from IRS Extends Safe Harbor for Offshore Wind and Federal Land Projects

The IRS issues anticipated continuity guidance providing relief to offshore wind developers and federal land projects. Offshore and federal land projects now have 10 years to be completed after the year in which construction begins in order to qualify for tax credits under a safe harbor....By: Pillsbury Winthrop Shaw Pittman LLP
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Financial Daily Dose 1.15.2021 | Top Story: As Unemployment Claims Surge, Biden Unveils $1.9T Covid Recovery Proposal

A big jump in unemployment claims, as reported yesterday, confirmed fears that a “resurgent pandemic” is challenging U.S.’s economic recovery. Some 1.15 million workers filed initial claims for state unemployment benefits during the first full week of 2021......By: Robins Kaplan LLP
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Robins Kaplan LLP | Jan 15,2021 |

ASBCA Holds that Anticipated Days of Adverse Weather Do Not Decrease Delay Damages

Many construction contractors working with the United States Army Corps of Engineers (USACE) have seen it happen: they experience a government-caused delay or suspension, which USACE agrees to pay for, but then USACE deducts the anticipated adverse weather days stated in the contract for the delay period from the compensable time extension. That may no longer be a defensible practice after the ASBCA’s recent decision in the Appeal of Granite Construction Company....By: Obermayer Rebmann Maxwell...
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Nevada Supreme Court Finds That Pay-If-Paid Provisions in Construction Contracts Are Not Per Se Unenforceable Under Prompt Payment Act

In October, the Nevada Supreme Court revisited the enforceability of pay-if-paid clauses in construction contracts. Despite being enacted nearly two decades ago and being amended several times since, the Nevada Prompt Payment Act still garners differing opinions regarding the enforceability of pay-if-paid clauses, which the Nevada Supreme Court held requires a case-by-case analysis. In broad terms, the Nevada Prompt Payment Act requires compliance with contractual terms of construction...By: ...
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Snell & Wilmer | Jan 15,2021 |

M&A In 2020 And Trends For 2021

2020 brought the COVID-19 pandemic and other headline-grabbing challenges, along with “the usual” quadrennial questions around the U.S. election. Early in the year, businesses and dealmakers focused on the pandemic and revised their strategies as understanding of its impact evolved. The M&A market, like the overall economy, was hit hard, before rebounding later in the year. .....By: Morrison & Foerster LLP
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Morrison & Foerster LLP | Jan 15,2021 |

SolarWinds Cyber-Attack Has Significant Implications for Developers and Contractors

ICYMI, on Wednesday, January 6, 2021, the United States Department of Justice (DOJ) issued an update about what it termed “a major incident under the Federal Information Security Modernization Act”: the global SolarWinds cyberattack that had compromised its email system. (SolarWinds is a software provider....By: Robinson+Cole Data Privacy + Security Insider
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